Legal Opinion
William E. Brock, Secretary of Labor v. Dun-Par Engineered Form Company, and Occupational Safety & Health Review Commission
Court of Appeals for the Eighth Circuit
Decided April 6, 1988No. 86-2365PublishedCited by 8 opinions
1Opinion of the Court
McMILLIAN, Circuit Judge.
William E. Brock, Secretary of Labor (the Secretary), appeals from an order of the Occupational Safety and Health Review Commission (the Commission) vacating a citation against Dun-Par Engineered Form Co. (Dun-Par) for a serious violation of 29 C.F.R. § 1926.500(d)(1) 1 (failure to provide a guard rail at the perimeter of open-sided floors). Before the Commission, Dun-Par asserted the affirmative defense of impossibility; it argued that guard rails were not possible and that there were no alternative measures of compliance available. While the Commission was satisfied…
2Cases cited9 opinions
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Atchison, Topeka & Santa Fe Railway Co. v. Wichita Board of TradeSupreme Court of the United States · 1973
- National Realty and Construction Company, Inc. v. Occupational Safety and Health Review Commission, Secretary of Labor, PartyCourt of Appeals for the D.C. Circuit · 1973
- Atlantic & Gulf Stevedores, Inc. v. Occupational Safety & Health Review CommissionCourt of Appeals for the Third Circuit · 1976
- Peter J. Brennan, Secretary of Labor v. Occupational Safety and Health Review Commission, and Vy Lactos Laboratories, Inc.Court of Appeals for the Eighth Circuit · 1974
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Harry C. Crooker & Sons, Inc. v. Occupational Safety & Health Review CommissionCourt of Appeals for the First Circuit · 2008
- Bancker Construction Corp. v. Robert Reich, Secretary of Labor, Occupational Safety and Health Review Commission, United States Department of LaborCourt of Appeals for the Second Circuit · 1994
- Spancrete Northeast, Inc. v. Occupational Safety and Health Review CommissionCourt of Appeals for the Second Circuit · 1990
- State ex rel. Jackson Tube Serv., Inc. v. Indus. Comm. (Slip Opinion)Ohio Supreme Court · 2018
- A/c Electric Company v. Occupational Safety and Health Review CommissionCourt of Appeals for the Sixth Circuit · 1991
3 more not listed; retrieve them via the Exa API.